TERMS & CONDITIONS
1. Introduction & Acceptance
Welcome to PENGAMINC LIMITED (“the Company”, “we”, “us”, or “our”). We own and operate this website (www.pengaminc.com), associated applications, and physical retail channels (collectively, the “Platforms”). These Terms and Conditions (“Terms”) govern your use of our Platforms and the retail services (“Services”) provided herein. By accessing the Platforms, creating an account, or purchasing our products, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately cease all use of the Platforms. We reserve the right to update these Terms at any time without prior notice, effective upon publication. Access to the Platforms is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if the Platforms are unavailable at any time or for any period.
2. Description of Service
The Company operates a multi-channel retail network encompassing physical storefronts, specialty boutiques, and digital platforms, serving as a global retail destination that offers premium merchandise under our proprietary brands (collectively, the “Products”).
3. Intellectual Property
All software, content, designs, original concepts, trademarks, and logos made available on the Platforms remain the exclusive property of the Company or its licensors, protected by copyright, trademark, and design rights globally. Provided you do not modify or delete any copyright © or trademark ™ notices, you may display and print the content solely for your own personal, non-commercial use. You must not publish, distribute, reproduce, copy, reverse-engineer, or exploit any part of our designs or software for commercial purposes without our prior written authorization. Any unauthorized use automatically terminates your permitted access.
4. Accounts
To use certain Services or place an order, you may be required to register an account. You agree to provide accurate, current, and complete information and to update it promptly. You are responsible for maintaining the confidentiality of your password and accept full responsibility for all activities under your account. We reserve the right to suspend or terminate your account if we suspect any provided information is fraudulent or inaccurate.
5. Orders and Pricing Errors
By placing an order, you offer to purchase the specified Products at the stated price. Once submitted, orders cannot be canceled or modified unless explicitly permitted by our system or approved by us in writing. We will confirm receipt of your order via email, which constitutes our acceptance of the order. Online stock indicators are estimates only. We reserve the right to refuse or cancel any order for reasons including insufficient stock, delivery constraints, or pricing errors. In the event of a pricing error, we will notify you as soon as practicable and before processing or canceling the order. If your order is canceled post-payment, the deducted sum will be refunded to your original payment method, and we will not be liable for any further compensation.
6. Payment Security
Prices are subject to change without notice. We accept verified electronic payment methods displayed at checkout. Title to the Products passes to you only upon receipt of full payment. We engage secure third-party gateways to process payments. By placing an order, you agree that your financial data will be processed by these providers under their respective terms. The Company is not liable for any financial losses sustained during electronic transactions. Fraudulent chargebacks are strictly prohibited and will be legally prosecuted.
7. Prohibited Conduct & AI Training
You agree not to use our Platforms for any fraudulent or unlawful purpose. You must not disrupt the security or operability of our Platforms via hacking, virus transmission, or system overloading. Furthermore, you are strictly prohibited from using automated means (including web scrapers, bots, spiders, or scripts) to access, reproduce, or distribute any content from our Platforms, including for the purpose of compiling datasets to train artificial intelligence (AI), large language models, or machine learning systems, without our prior written consent.
8. Disclaimer & Limitation of Liability
The Platforms and Products are provided on an “as is” and “as available” basis without any warranties of any kind. To the maximum extent permitted by law, the Company excludes all liability for any indirect, incidental, or consequential damages—including loss of profits, business interruption, or data leakage—arising from your use of the Platforms or Products. Our aggregate liability for any claim shall be strictly limited to the actual net amount paid by you to the Company for the specific product in question.
9. Force Majeure
The Company shall not be liable for any delay or failure to perform any of its obligations under these Terms or fulfill any orders if such delay or failure results from events, circumstances, or causes beyond its reasonable control. These include, but are not limited to, acts of God, extreme adverse weather conditions, strikes, lockouts, global or regional supply chain disruptions, transportation failures, telecommunication breakdowns, or unexpected customs clearance delays.
10. Indemnity
You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and contractors from any third-party claims, liabilities, losses, damages, costs, and expenses (including legal fees) arising out of your breach of these Terms, your misuse of the Platforms, or your violation of any laws or rights of a third party.
11. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR). Any dispute arising out of or associated with these Terms or product purchases shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.